Category Archives: Mark L. Movsesian

Center Sponsors Successful Joint Colloquium with Villanova Law School

Here’s an article, from the St. John’s Law School website, on the inaugural session of the Joint Colloquium in Law and Religion, which the Center hosted with Villanova Law School this semester. The Joint Colloquium, which featured leading law and religion scholars, used innovative “virtual classroom” technology to allow students and faculty at both schools to participate simultaneously through a synchronous video link.

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Joint Colloquium with Michael Walzer

From the article:

Michael Walzer (Institute for Advanced Studies) discussed the ethics of war in classical and contemporary Jewish law. Legal historian Sarah Barringer Gordon (University of Pennsylvania) explained how the availability of the corporate form empowered African-American congregations in the early national period. Kristine Kalanges (Notre Dame University School of Law) explored the relationship between Islamic law and contemporary ideas about constitutionalism and human rights. Kent Greenawalt (Columbia Law School) and Donald L. Drakeman (Cambridge University) both presented papers on Originalism. Greenawalt argued that factors other than the original understanding inevitably will and should play an important role in constitutional interpretation. Drakeman offered a methodological middle ground, one that takes account of both original intent and original meaning. Steven D. Smith (University of San Diego School of Law) critiqued the standard account of American religious freedom, and asked whether religious freedom in America today is suffering a decline.

The virtual classroom enriched the discussions by allowing for a fruitful exchange between participants at the two host schools. After the speakers presented their papers, students had the opportunity to ask questions and present their own insights and opinions on the issues.

This was our first experience with virtual classroom technology, and it was highly successful. You can read more about the joint colloquium, and view a photo gallery, here. Thanks to everyone who made it possible, and see you next time!

 

David Cameron on the Persecution of Christians

The persecution of Christians, slowly, is making its way onto the world’s agenda. In his annual Easter message, British Prime Minister David Cameron (above) urged churches in Britain to do more to draw attention to the suffering of Christians across the globe. Cameron also spoke, unusually, about his own Christian faith and the benefits Christianity “brings to Britain.” Skeptics might perceive an attempt to smooth relations with rank-and-file Conservatives, many of whom Cameron antagonized by supporting same-sex marriage. But politicians always have a variety of motives. Cameron deserves credit for raising the issue of persecution at a time when many in the West ignore it.

And why do so many in the West ignore the persecution of Christians? The always valuable John Allen explains:

Why isn’t this global war on Christians more of a cause célèbre?Fundamentally, the silence is the result of a bogus narrative about religion in the West. Most Americans and Europeans are in the habit of thinking about Christianity as a rich, powerful, socially dominant institution, which makes it hard to grasp that Christians can actually be victims of persecution.

I’ve made a similar point myself, here.

Quote for the Day

On the spread of American pop culture across the globe:

[S]ince the Internet ensures that barriers are transgressed with impunity, the lowest forms of human life will in due course dominate the screen in every living room, and the blame for this will fall squarely on America. Of course, that will be unjust. The blame for watching destructive images falls on the person watching them. The problem is that people are sorely tempted beings, unable to protect themselves from their own worst desires without the help of a culture that backs up their efforts.

Roger Scruton, Pop Imperialism.

The Weekly Five

This week’s collection of five new articles from SSRN includes Corinna Lain’s history of Engel v. Vitale, the school prayer case; Anna Su’s review of Steve Smith’s new book on the decline of religious freedom; and pieces on corporate social responsibility in Asia; Christianity and other foundations of international law; and the will to live.

1. John D. Haskell (Mississippi College-School of Law), The Traditions of Modernity within International Law and Governance: Christianity, Liberalism and Marxism. According to Haskell, three traditions constitute “modernity” in international legal scholarship—Christianity, Liberalism, and Marxism. These three traditions differ from one another but also have some similarities. He writes, “my hope is that in studying each tradition, we can find a new synthesis that allows fresh analytical tools to conceive the dynamics of global governance today and how they might be addressed.”

2. Corinna Lain (University of Richmond), God, Civic Virtue, and the American Way: Reconstructing Engel. In this history of Engel v. Vitale, the 1962 Supreme Court decision that struck down school prayer, the author argues that the conventional wisdom has the case wrong. Engel was not an example of the Court’s standing bravely against a popular majority. If the Justices had understood how controversial their decision would be, she maintains, they would not have taken the case to begin with. Instead, Engel demonstrates the power of judicial review in stimulating democratic deliberation on the Constitution—what some scholars call “popular constitutionalism.” She argues that popular antipathy to the decision resulted from misunderstandings provoked by the media.

3. Marvin Lim (Independent), A New Approach to the Ethics of Life: The “Will to Live” in Lieu of Traditionalists’ Notion of Natural/Rational and Progressives’ Autonomy/Consciousness. The author maintains that both traditionalist and progressive justifications for protecting human life are inconsistent and unconvincing. In their place, he argues for an ethic of the “will to live.” What ultimately matters is whether actions respect or violate this ethic. This approach would allow abortion and assisted suicide in at least some circumstances, he says.

4. Arjya B. Majumdar (Jindal Global Law School), Zakat, Dana and Corporate Social Responsibility. In this essay, the author traces the tradition of charity in Islam, Hinduism, and Buddhism and explores the relevance of that tradition in corporate law. Especially in Asia, the author says, where corporations have relatively few shareholders and tend to be family or individual operations, religious traditions of charity can play an important role in boosting corporate social responsibility.

5. Anna Su (SUNY Buffalo), Separation Anxiety: The End of American Religious Freedom? This is a review of Steven D. Smith’s new book, The Rise and Decline of American Religious Freedom. Su disagrees with Smith that the Supreme Court’s twentieth-century Religion Clause cases threaten the existence of religious freedom. “These decisions,” she writes, though frustrating and incoherent as they might seem, in fact, are as responsible for the remarkable religious pluralism that exists in American society today as much as for the contemporary secular extremism that Smith deplores.”

How Do You Say “Nones” in French?

From a French post describing my work on the Nones:

Est-il important de donner une définition au mot “religion”? Mark Movsesian, professeur de Droit à l’Université St. John a récemment publié un article sur la montée de la population des “Sans”, ces Américains qui se déclarent sans appartenance religieuse. Selon certaines évaluations, ils seraient 20% des adultes et, parmi les “millénaristes”, atteindraient 30%.

So it’s “les Sans.” I’d have thought it was “les Riens,” or maybe “les Aucuns.” Que sais-je? You can read the whole post in French here.

Corey on DeGirolami on Religious Freedom

In the University Bookman, Baylor’s Elizabeth Corey has a nice review of Marc’s book, The Tragedy of Religious Freedom:

DeGirolami suggests an alternative way of thinking about the conflicts inherent in religious liberty jurisprudence. He calls this the “tragic” approach. It shares with the extreme skeptics a doubt about the efficacy of theory as a magic bullet for solving real-world disputes. But it also agrees with the comic monist assumption that abstractions—equality, neutrality, noncoercion—are not empty of meaning but rather can be emblems of important values that law aims to protect….

The book merits a much more in-depth treatment than I can give it here. But perhaps what is most striking about it is its appreciation for theory—indeed, the whole work is an assessment of the value of theorizing—that is simultaneously grounded in the concrete and particular: case law. At once philosophical and practical, this book is a must-read for anyone who cares about religious freedom.

Read the whole review here.

Report: Obama Administration to Increase Aid to Syrian Rebels

 

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Holy Mother of God Armenian Apostolic Church in Kessab

The Wall Street Journal reports today that President Obama’s national security advisers have agreed on a proposal to increase US aid to “moderate” Syrian rebels. Although the advisers disagree on the advisability of more aggressive military intervention, they have apparently coalesced around a plan for US Special Forces to train and equip the moderates. This is in line with a report on Walter Russell Mead’s blog that Obama agreed during a recent visit to Saudi Arabia to supply the rebels with shoulder-launched anti-aircraft missiles, or “manpads.”

One can understand the Administration’s frustration. Two-and-a-half years after Obama said that Assad would have to go, and several months after the President’s about-face on chemical weapons, the Assad regime seems more secure than it has for a long time. But two factors counsel strongly against more aggressive assistance to the rebels. First, as Patrick Brennan writes, “for months and months now, it’s been obvious that the effective parts of the Syrian opposition are militant Islamists” like the Nusra Front and the Islamic State in Iraq and the Levant (ISIL). Pro-Western moderate rebels, the sort the Administration likes to promote, are more or less “powerless.” If the opposition were to succeed in overthrowing Assad, it’s quite possible that the Islamists would overwhelm their secular allies–perhaps through a democratic election, as in Egypt in 2012–and transform Syria into an Islamist state. How would that advance America’s interests? 

Second, assistance to the rebels would almost certainly worsen the already dire situation of Syria’s Christians. Just in the last two weeks, the Nusra Front attacked the Armenian town of Kessab, displacing thousands of Christians. Fortunately, first reports of a massacre seem to have been unfounded. Indeed, the rebels are conducting a PR offensive to assure Kessab–and the world community–that they mean no harm. Christians are skeptical, and with good reason. ISIL recently imposed the centuries-old dhimma in a different Christian town, Raqqa, and, as UN Secretary General Ban Ki-moon observed this morning, “gross human rights violations undeniably continue.” Islamists have kidnapped nuns and bishops and murdered clergy. Only today, masked gunmen, presumably Islamist rebels, murdered a Catholic priest in a rebel-controlled district in the city of Homs. For these reasons, Syria’s Christians mostly support the Assad regime, usually quietly, sometimes vocally.

At this writing, it’s not clear whether the plan to equip and train the Syrian rebels will be adopted. In the words of the Journal report, “It isn’t clear where Mr. Obama stands.”

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How We Get Things Done at the Center

Coffee

CLR Podcast on Sebelius v. Hobby Lobby

In our most recent podcast, Center Director Mark Movsesian and Associate Director Marc DeGirolami discuss last week’s oral argument in Sebelius v. Hobby Lobby, the Contraception Mandate case. We address the background of the litigation, the rhetorical strategies adopted by each side, and the major doctrinal questions the Court will need to resolve. We also make predictions about how the Justices will ultimately rule. The podcast will be useful for students and others looking for an introduction to this extremely important case.

The Weekly Five

This week’s collection of new pieces on SSRN includes an article on Catholic objections to Legal Realism by John Breen and Lee Strang;  a history of Just War theory by Robert Delahunty; an article by Zoe Robinson on the definition of “religious institutions” in connection with the Contraception Mandate litigation; and two essays by Micah Schwartzman on religious and secular convictions.

1. John M. Breen (Loyola University Chicago) and Lee J. Strang (University ofToledo), The Forgotten Jurisprudential Debate: Catholic Legal Thought’s Response to Legal Realism. This article examines the critique of Legal Realism by Catholic scholars in the 1930s and 1940s. Legal historians have unfairly neglected this critique, the authors say, which was both profound and systematic. Catholic legal thinkers who objected to Realism drew on the worldwide revival of Neo-Scholastic philosophy taking place at the time.

2. Robert J. Delahunty (University of St. Thomas), The Returning Warrior and the Limits of Just War Theory. In this paper, Delahunty traces the history of the Just War tradition in Christian thought. Before the twelfth-century Papal Revolution, he writes, the Catholic Church treated the subject in a pastoral, unsystematic way. Soldiers who had killed in wartime were typically required to do penance. In the Papal Revolution, however, the Church transformed itself into an early modern state, equipped with a military force. “As an essential part of this epochal transformation, the Papal program required the Church to abandon its earlier skepticism about war and to settle on the view that war could be justifiable, even sanctified.”

3. Zoe Robinson (DePaul University), The Contraception Mandate and the Forgotten Constitutional Question. Robinson maintains that arguments about the ACA”s Contraception Mandate often neglect the first question: whether the claimants are “religious institutions” that merit constitutional protection. She develops a list of four factors that identify such institutions: “(1) recognition as a religious institution; (2) functions as a religious institution; (3) voluntariness; and (4) privacy-seeking.” Applying these factors, she argues that religious universities qualify as religious institutions, but not for-profit businesses or religious interest groups.

4. Micah Schwartzman (University of Virginia), Religion as a Legal Proxy. In a response to Andrew Koppelman, Schwartzman argues that affording legal protection to religion as such unfairly discriminates against people with non-religious commitments. He argues that the concept of religion should be expanded to include secular claims of conscience. A wide range of international and domestic laws already do so, he points out. Against the backdrop of these laws, the First Amendment’s singling out of religion “feels somewhat antiquated.”

5. Micah Schwartzmann (University of Virginia), Religion, Equality, and Public Reason. This is a review of Ronald Dworkin’s posthumous work, Religion without God, in which Dworkin argues that, as a moral matter, both religious and non-religious convictions deserve legal protection. Schwartzman agrees, but argues that Dworkin unfortunately resisted using the concept of public reason, familiar from the work of John Rawls and others. Schwartzman believes that reliance on public reason is “inevitable” for those, like Dworkin, “who accept that believers and nonbelievers deserve equal respect for their competing and conflicting views.”